Kevin advises major corporations on matters affecting compliance, corporate policy and strategy. He has worked on a wide range of transactions – including cross-border M&A, advised companies’ senior management in shareholder disputes and crisis management, take-over defense, corporate governance, securities law, shareholder activism, as well as white-collar criminal investigations and defenses. Kevin has served on the board of directors of several listed companies, both in Brazil and abroad. Prior to joining the firm, Kevin acted as general counsel to several listed companies in Brazil and worked as an international associate in the Houston office of Thompson & Knight LLP.
Bachelor of Laws, Universidade Federal do Rio de Janeiro
Master of Laws (LL.M.), University of California
Análise Advocacia 500 – Compliance (2020 – 2021); M&A (2020); Specialized Services (2020); Transport and Logistics (2020 – 2021); Rio de Janeiro (2020 – 2021)
Chambers Global – Banking & Finance (2012); Projects (2015-2016)
Chambers Latin America – Banking & Finance (2012); Projects (2015-2016)
IFLR 1000 Financial and Corporate – Notable Practitioner (2018 – 2021)
LACCA Approved – Corporate/M&A (2015-2017; 2019-2022)
LACCA Thought Leaders – Corporate/M&A (2020; 2022)
Latin Lawyer 250 – Corporate and M&A; Anti-corruption investigations and Compliance (2020 – 2021)
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Brazilian Government creates Selo Infra+Integridade (Infra+Integrity Seal of Recognition) for companies in the land transportation sector
The Brazilian Ministry of Infrastructure launched, through Ordinance No. 102/2020, the Infra+Integrity Seal of Recognition, aimed at recognizing good compliance practices of companies in the land transportation sector that have worked in large projects for the Public Administration in the last five years.
The Seal considers large projects as those involving an initial expenditure estimate of over BRL 82.5 million. To earn the Seal, companies must demonstrate that they have good governance practices, including integrity, ethics, transparency, compliance, social responsibility, sustainability, and prevention of fraud and corruption.
The evaluation to earn the Seal was divided into three parameters, which will be evaluated upon the submission of the following documents:
|Integrity||Compliance program report showing its existence and application|
|||Code of ethics or conduct approved and published on the company’s website|
|||Proof of an available and operating whistleblowing channel|
|||Proof of the participation of managers and employees in training related to the compliance program in the last two years|
|||Evidence of the existence of a function or department responsible for the compliance program|
|||Signing of the Business Pact for Integrity and Against Corruption, promoted by the Instituto Ethos (Ethos Institute)|
|||No records on the Brazilian Registry of Punished Companies – CNEP|
|Social Responsibility||No records on the Brazilian List of Slave Labor or Work Analogous to Slavery|
|||No records on the Brazilian List of Labor Violations related to child labor of the Department of Labor Inspection – SIT|
|Sustainability||Certificate of non-involvement in environmental crimes before federal and state courts of Brazil, issued where the company is headquartered and in other states where it has active subsidiaries|
|||No records on environmental violations before the Brazilian Institute of Environment and Renewable Natural Resources – IBAMA|
|||Environmental Management System Certificate, according to the NBR ISO 14.001 standards, as amended|
Companies interested in earning the Seal must register between February 1st and April 30 of each year. The first edition will be in 2021 and the registration starts with the submission of a Registration Questionnaire available online.
If granted the Seal, the company will have its name published on the website of the Ministry of Infrastructure and other means of communication and will earn the right to use the Seal in products, packaging, documents, websites, advertising, folders, plates, vehicles, etc, for one year, counted from the date of the award.
Areas of expertise
On December 26, 2018, the Office of the Federal Comptroller General (“CGU“) released a Practical Guide of Calculation of Fines, establishing guidance to Commissions responsible for Administrative Enforcement Proceedings (in Portuguese, Comissões de Processo Administrativo de Responsabilização or CPAR) within the Federal Executive Branch to calculate the fine contemplated by Law No. 12,846/2013 (the Anticorruption Law).
The Practical Guide contains several recommendations. In particular, it contemplates levels for the revenue percentages indicated in Articles 17 and 18 of Decree No. 8,420/2015 (the Anticorruption Decree), which regulates the Anticorruption Law, as summarized below.
In addition to the percentage levels, the CGU expressed an important view regarding the 1% reduction of the fine in case a violation is not consummated, as provided in item I of Article 18 of the Anticorruption Decree.
According to the Practical Guide, non-consummation would not be a mitigating factor, but an exemption of liability. The Practical Guide concludes that, “As it seems, the legislator intended to provide a mitigating factor in case the legal entity does not achieve the expected result by means of the harmful act”. However, because the wording of the law states “no consummation of a violation”, the fine will be applied irrespective of whether or not the legal entity has achieved the desired result. In this regard, the mere offer of undue advantage amounts in and of itself to a violation.
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